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Tampa Workers' Compensation Lawyer > Blog > Workers' Compensation > What Are Death Benefits in Florida’s Workers’ Comp System?

What Are Death Benefits in Florida’s Workers’ Comp System?


Suffering an injury on the job is bad enough, but you might argue that these injured workers are the lucky ones. Some never walk away from their workplaces, and these employees end up dying due to accidents. In this situation, the employee suffers tremendously in the moments leading up to their passing – but from that moment on, it is their family members who shoulder the burden of these accidents. If you have lost a loved one due to a fatal workplace accident in Tampa, you might be wondering about your rights under Florida workers’ comp system. You may be entitled to something called “death benefits.” But what exactly are death benefits?

Death Benefits Explained 

Death benefits are also known as “survivor benefits,” and they are provided to family members who have lost loved ones in workplace accidents. Death benefits extend to families in all states, although each state might handle this situation slightly differently according to their unique workers’ comp laws. Generally speaking, death benefits only extend to the close relatives of the deceased worker, including:

  • Spouses
  • Children
  • Parents

How Do Death Benefits Work in Florida? 

Florida handles death benefits in the same way as many other states. If you have lost a loved one in a workplace accident, you may be eligible for compensation. Benefits typically come in three forms:

  • Funeral expenses
  • Education for surviving spouses
  • Missed future wages

These sums are calculated based on various factors. Families can receive up to $7,500 for funeral expenses, and this calculation is relatively straightforward. On the other hand, education benefits for the surviving spouse may be more complex, as the exact program or certification may have different fees and costs attached.

Finally, compensation for missed future wages includes very specific calculations. The maximum amount of compensation for missed future wages is $150,000 in Florida. If you lost a loved one in a fatal workplace accident, you can receive up to 66.67% of their weekly wages, up to a total of $150,000.

Negotiating for a Higher Settlement 

Death benefits may be wholly inadequate to cover your expenses. For example, your spouse might have been earning a six-figure salary. $150,000 may only cover a single year of their earnings, giving you little time to organize new means of financial support, education, and so on. It is theoretically possible to negotiate for a higher settlement and explore other forms of compensation. A lawyer can help you in this regard.

Where Can I Find a Qualified, Experienced Workers’ Comp Attorney in Tampa? 

If you’ve been searching for a qualified, experienced Tampa workers’ comp attorney, look no further than the Franco Law Firm. Over the years, we have helped numerous injured workers and their surviving family members. We know that losing a loved one to a fatal workplace accident can be life-altering in many ways. The good news is that you are entitled to certain benefits under the workers’ comp system. But you need to fight for these benefits in order to get your fair share, and we can help you do just that. Book a consultation today to get started with an effective action plan.




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